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My hr department is asking for my spouse hospital visitation

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paperwork to legitimatimize my absence?...
My hr department is asking for my spouse hospital visitation paperwork to legitimatimize my absence?
Submitted: 1 year ago.Category: Legal
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11/19/2016
Lawyer: Roger, Attorney replied 1 year ago
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,883
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Customer reply replied 1 year ago
Hi
Customer reply replied 1 year ago
Would that be a violation of hippa
Lawyer: Roger, Attorney replied 1 year ago

No, this is not a violation of HIPAA as it only pertains to confidentiality of medical records. Your employer is not entitled to your wife's confidential medical records under these circumstances. However, your employer is entitled to a note or some proof that your spouse was hospitalized. But, access to medical records are strictly protected by federal law.​

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Customer reply replied 1 year ago
Do I have no choice but to get her hospital notes even though I wasn't the one in the hospital
Lawyer: Roger, Attorney replied 1 year ago

Your employer is entitled to know why you weren't at work IF you didn't have the necessary vacation time, etc, or if you claim the time under FMLA....and if it was because of her being in the hospital, you could get something in writing from her treating physician that says she was hospitalized with the dates....and that should be sufficient.

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Customer reply replied 1 year ago
I just feel like that's not ok having to provide hospital notes for someone esle
Customer reply replied 1 year ago
I did have vacation time while she has been in the hospital. I had paid time off
Lawyer: Roger, Attorney replied 1 year ago

Well, they're not entitled to her medical records or notes.....but if you're using her hospitalization as the reason for your absence from work, the employer is entitled to proof to support your excuse. This would especially be true if you were claiming time away under FMLA.

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Lawyer: Roger, Attorney replied 1 year ago

If you had vacation time, you should be able to claim that time without any explanation (unless your company's policies require otherwise).

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Lawyer: Roger, Attorney replied 1 year ago

But, the employer is not in violation of HIPAA unless it were to request her medical records.

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Customer reply replied 1 year ago
Ok because my boss just told me on Monday day that m hr department wants me to provide doctors notes proving that she was in the hospital even though I used vacation time. Only 2 maybe 3 days I missed that I didn't have vacation time.
Lawyer: Roger, Attorney replied 1 year ago

Ok.

As I said, your employer would be entitled to a note from her doctor that says your wife was hospitalized for the days in question. That should suffice.

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Customer reply replied 1 year ago
Ok the hospital is not going to provide to give me hospital notes to me for her visits I doubt they will give me that information
Lawyer: Roger, Attorney replied 1 year ago

You really shouldn't need that -- all you should need is a letter from the doctor's office that says she was hospitalized for the dates in question.

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Customer reply replied 1 year ago
Ok I just do t feel that's OK to be asking for her doctors visit info. Could they fure me without penalty if I don't want to give them anything I don't appreciate them asking g about her when she is not employed for them
Lawyer: Roger, Attorney replied 1 year ago

Whether they could do anything depends on your company policies, absence policies, etc. It also depends on whether you have an employment contract or if you're an at-will employee.

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Lawyer: Roger, Attorney replied 1 year ago

I understand your thoughts, but your employer likely isn't really interested in your wife's medical situation......instead, they're wanting proof as to why you missed work -- whatever that reason may be. It just so happens in this instance that it is because your wife was hospitalized.

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Customer reply replied 1 year ago
Ok was curious I just don't think k that's ok.
Lawyer: Roger, Attorney replied 1 year ago

I understand, and it is certainly a legitimate concern.....Please let me know if you have any additional questions.

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Lawyer: Roger, Attorney replied 1 year ago

Also, please take time to positively rate our conversation so I may receive credit for assisting you. Thanks again for allowing me to assist!

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